Counterfeiters...we all know what they’re like! Nasty
sorts who knowingly deceive and rip-off consumers, tempting them to
buy cheap and often poorly-made copies of famous names. Nasty sorts
who don’t hesitate to sell goods that may well pose health
risks. Nasty sorts who deliberately damage property, the property
in this case being intellectual property in the form of trade
marks. Nasty sorts who deserve everything they get, be it a
cripplingly expensive civil court injunction and damages order, or
a criminal conviction carrying a custodial sentence.
But what if the counterfeiter isn’t your run-of-the mill
copycat? What if the counterfeiter makes copies that are even
better than the real thing? What if the counterfeiter makes copies
that cost even more than the real thing? What if the counterfeiter
brings the brand to the attention of people who would otherwise
never interact with it? Should the brand owner treat a
counterfeiter like that a little differently? As a
